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Alberta Senate Election Act

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Alberta Senate Election Act Province of Alberta ALBERTA SENATE ELECTION ACT Statutes of Alberta, 2019 Chapter A-33.5 Current as of July 23, 2020 Office Consolidation © Published by Alberta Queen’s Printer Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: [email protected] Shop on-line at www.qp.alberta.ca Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Alberta Senate Election Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Alberta Senate Election Act Referendum, Senate Election and Local Authorities Election Forms ...................... 254/2020 Senate Election Grants ................................... 103/2020 Senate Nominee ............................................. 105/2020 ......... 99/2021 ALBERTA SENATE ELECTION ACT Chapter A-33.5 Table of Contents 1 Interpretation Part 1 General 2 Definitions 3 Submission to Privy Council 4 Application of Election Act 5 Authorization to commence election 6 Issue of writ 7 Eligibility for nomination 8 Nomination of candidates 9 Official agents of candidates 10 Filing nomination papers 11 Deposit of candidate 12 Information to be provided to candidate 13 Election by acclamation 14 Necessity of election 15 Withdrawal of candidate 16 Death of candidate 17 Close of nominations 18 Contents of ballots 19 Printing of ballots 20 Conduct of official tabulation 21 Announcement of official results 22 Disclaimer 23 Appeal and recount 24 Publication of elected candidates 25 Application of Part 7 of Election Act 26 Archives 27 Regulations 1 2019 Section 1 ALBERTA SENATE ELECTION ACT Chapter A-33.5 Part 2 Election Held in Conjunction with Provincial Election or on Date Fixed by Order 28 Application of this Part 29 Application of Election Act 30 List of electors 31 Appointment of returning officers 32 Publication of election proclamation 33 Voting procedure 34 Exception to section 111(5)(d) of Election Act 35 Exception to section 118(1) of Election Act Part 3 Election Held in Conjunction with Municipal Elections 36 Application of this Part 37 Application of Local Authorities Election Act 38 Councils to conduct vote 39 Electors list 40 Electors in summer village 41 Appointment of officers 42 Voting subdivisions and stations 43 Publication of election proclamation 44 Marking of ballots 45 Exception to section 45 of Local Authorities Election Act 46 Entries in elector register 47 Advance vote 48 Official count of returning officer 48.1 Ballot boxes for recount 49 Retention of ballot boxes 49.1 Ministerial powers 50-52 Related and consequential amendments HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Interpretation 1(1) In this Act, (a) “candidate” means a person 2 2019 Section 2 ALBERTA SENATE ELECTION ACT Chapter A-33.5 (i) who is endorsed as an official candidate of a registered political party for the purposes of an election under this Act, or (ii) who, after the commencement of the campaign period, declares the person’s candidacy as an independent candidate at the election under this Act; (b) “council” means the council of a municipality as described in the Municipal Government Act; (c) “elected authority” means (i) a council under the Municipal Government Act, (ii) the council of the City of Lloydminster, or (iii) a board of trustees under the Education Act; (d) “election officer” means an election officer under the Election Act or an officer under the Local Authorities Election Act, as the case may be; (e) “electoral division” means an electoral division under the Electoral Divisions Act; (f) “registered federal political party” means a political party registered under the Canada Elections Act (Canada); (g) “Senate nominee” means a person declared elected under this Act. (2) For the purposes of this Act, a document that is required to be filed with the Chief Electoral Officer is filed when it is accepted by the Chief Electoral Officer. (3) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the Election Act. 2012 cE-0.3 s286.1;2019 cA-33.5 s1 Part 1 General Definitions 2 In this Part and in the provisions of the Election Act referred to in section 4 that apply for the purposes of this Part, unless the context provides otherwise, 3 2019 Section 3 ALBERTA SENATE ELECTION ACT Chapter A-33.5 (a) “deputy returning officer” means a deputy returning officer under the Election Act or a deputy under the Local Authorities Election Act, as the case may be; (b) “polling day” means polling day as defined in the Election Act or election day as defined in the Local Authorities Election Act, as the case may be; (c) “polling place” means a polling place as defined in the Election Act or a voting station as defined in the Local Authorities Election Act, as the case may be; (d) “returning officer” means a returning officer under the Election Act or a returning officer or a substitute returning officer under the Local Authorities Election Act, as the case may be. Submission to Privy Council 3(1) The Government of Alberta shall submit the names of the Senate nominees to the Queen’s Privy Council for Canada as persons who may be summoned to the Senate of Canada for the purpose of filling vacancies relating to Alberta. (2) A person remains as a Senate nominee until (a) the person is appointed to the Senate of Canada, (b) the person resigns as a Senate nominee by submitting a resignation in writing to the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act, (c) the person is no longer aligned with the registered federal political party referred to in the person’s nomination papers, (d) the person’s term as a Senate nominee expires, (e) the person files a disclaimer under section 22, (f) the person takes an oath or makes a declaration or acknowledgment of allegiance, obedience or adherence to a foreign power, or does an act whereby the person becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power, (g) the person is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter, 4 2019 Section 4 ALBERTA SENATE ELECTION ACT Chapter A-33.5 (h) the person is convicted of treason or convicted of a felony or of any infamous crime, or (i) the person ceases to be eligible to be nominated as a candidate under section 7, whichever occurs first. Application of Election Act 4(1) Subject to sections 23 and 25, for the purposes of this Part, sections 57, 58, 68, 144 to 147, 148(1) to (6), 148.1, 151 and 152, and Parts 7 to 9, except sections 185(2)(c) and 207, of the Election Act apply to an election under this Act as if it were a general election under the Election Act. (2) Parts 4.1, 5 and 6 of the Election Act apply with respect to this Part and Part 2. (3) Except as provided in section 1(1)(a), words and phrases used in this Part and Part 2 have the meanings given to them in the Election Act. Authorization to commence election 5(1) An election under this Act may be commenced at any time by the passing of an order of the Lieutenant Governor in Council (a) setting out whether the election under this Act is to be held (i) in conjunction with a general election under the Election Act, (ii) separately on a date provided for in the order, or (iii) in conjunction with the general elections under the Local Authorities Election Act; (b) authorizing the Lieutenant Governor to issue a writ of election in the prescribed form addressed to the Chief Electoral Officer and prescribing the date of the writ; (c) setting out the maximum number of persons to be elected at 3, unless another number is prescribed in the order; (d) appointing nomination day; (e) appointing the day on which voting is to take place if voting is necessary. 5 2019 Section 5 ALBERTA SENATE ELECTION ACT Chapter A-33.5 (2) Nothing in this Act precludes the holding of an election under this Act in conjunction with a referendum. (3) Where an election under this Act is to be held in conjunction with a general election under the Election Act, (a) in the case of a general election held in accordance with section 38.1(2) of the Election Act, the order under subsection (1) shall be made at any time during the period commencing February 1 in the year in which the general election is held and ending on the day the writs are issued for the general election, (b) in the case of a general election held other than in accordance with section 38.1(2), the order under subsection (1) shall be made not later than 3 days after the day the writs are issued for the general election, (c) nomination day shall be the same day as the day appointed as nomination day for the general election under the Election Act, and (d) polling day, if voting is necessary, shall be the same day as the day on which voting is to take place for the general election under the Election Act.
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